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Deadric Damodred Donating Member (365 posts) Send PM | Profile | Ignore Wed May-27-09 10:26 PM
Original message
Ideas For Compromise
Ok pro gun-control people, here are two ways we can do a compromise:

1st Way: I often hear anti-gunners justify "x" restriction because you can't yell "FIRE" in a crowded theater. So it's obvious what they mean here is that since the 1st Amendment has it's restrictions, that the 2nd Amendment gets to be restricted. So there's a simple way to solve this little talking point of theirs: Let's make a list of all the restrcitions on the 1st Amendment, and then a list of all the restrictions on the 2nd Amendment.

We'll make the lists and see which Amendment has more restrictions on it. My guess is the 2nd Amendment is going to end up having more restrictions on it, which would cancel out the "you can't yell fire arguement", as perhaps the 2nd Amendment restriction equivalent to that could be "you can't purchase a rifle until you are 18 and you can't purchase a handgun until you are 21".

2nd Way: Before we do this way, we need to define what "compromise" really means. Compromise does not mean that antis draft a bill that restricts 100 different types of firearms (H.R.1022), and then the "compromise" is they'll take that list down to 75. That's not compromise, that's fealty. Compromise means that both sides give something up and both sides gain something. So how about we give you antis complete and total gun registration. That means you will know who has what and where they have it. It will also mean that you now can control private sales, as anyone that sells their guns without a background check will be easily caught, as they will be the last known person the gun was registered to. You can also have a law that demands people have a certain time-frame to report lost/stolen weapons.

But that's giving up a lot on our side, because that means that you have a list of every gun owner. Considering the many instances that in history that registration has led to confiscation (UK, Australia, Nazi-Germany, California, and maybe New York with .50 cal rifles) that means you have to give up something big. I say in exchange for total registration, you give up the National Fireams Act of 1934 and the 1986 Machine Gun Ban. That would mean that the law-abiding could now go in and purchase an automatic rifle in the same way they purchase a semi-automatic. And since they would have to pass a background check and have it registered to you, that should be a fair exchange on the give and take that is compromise.
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Tejas Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 10:41 PM
Response to Original message
1. There are over 20,000 compromises already in existence
No thank you.
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Deadric Damodred Donating Member (365 posts) Send PM | Profile | Ignore Wed May-27-09 10:45 PM
Response to Reply #1
2. Exactly
That pretty much kills the "you can't yell fire in a crowded theater" arguement. It already has it's equivalent restriction AND THEN SOME.
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 10:49 PM
Response to Original message
3. if you're in the militia you have the right to bear arms nt
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Deadric Damodred Donating Member (365 posts) Send PM | Profile | Ignore Wed May-27-09 10:50 PM
Response to Reply #3
4. That's true...but...
...if you are not in the militia, but an individual, you also have the right to bear arms (see Heller v District Of Columbia).
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pipoman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 11:25 PM
Response to Reply #3
6. ding, ding, ding, ding
Time to wake up Rip Van Winkle, this interpretation has been permanently overruled by both the majority and the dissenting opinions in Heller.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 12:41 AM
Response to Reply #6
8. Why do I think she won't respond?
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pipoman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:04 AM
Response to Reply #8
10. Same reason I don't, she is a oneline wonder on these threads..;-)
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 11:38 AM
Response to Reply #10
17. The old drive by posting.
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 08:06 PM
Response to Reply #17
19. Seagull poster..
Flies in, drops crap, flies away.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 01:09 AM
Response to Reply #3
9. See US Code Title 10, Section 311
§ 311. Militia: composition and classes

(a)
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
http://www.law.cornell.edu/uscode/10/311.html

I'm a 38 year-old able-bodied male US citizen, and therefore in the militia. Can I have an M4 selective-fire carbine with M203 grenade launcher now?
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Israfel4 Donating Member (86 posts) Send PM | Profile | Ignore Thu May-28-09 08:43 AM
Response to Reply #9
12. I would say "Yes"
Since it would be your responsibility to show up ARMED with the type of weapon(s) being used by the military right now. BUT, the Hughes(???) amendment forbids any new automatic/select fire weapons from being made after 1986 being available to civilians. Wouldn't that be a violation of the Miller ruling since military/police USE automatic weapons and would be considered "common use".
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 08:58 AM
Response to Reply #12
13. You're thinking of Heller, not Miller...
And Heller specifically makes exception for "dangerous and unusual" weapons covered under the National Firearms Act. Now, whether the Hughes Amendment meets the common use test hasn't been determined, but I tend to doubt that it's going to be overturned.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 10:11 AM
Response to Reply #13
16. Here is the interesting thing...
The National Firearms Act, as applied to one indicted for transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long, without having registered it and without having in his possession a stamp-affixed written order for it, as required by the Act, held:

1. Not unconstitutional as an invasion of the reserved powers of the States. Citing Sonzinsky v. United States, 300 U.S. 506, and Narcotic Act cases. P. 177.
2. Not violative of the Second Amendment of the Federal Constitution. P. 178.

The Court can not take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia; and therefore can not say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.


If Miller had a weapon with "reasonable relation to the preservation or efficiency of a well regulated militia" we might have a different result.

The scope of Miller was narrow. The court reversed it because the weapon had no legitimate military purpose.

I wonder if someday someone will get caught with unregistered M-16 and cite Miller as grounds that NFA should be found Unconstitutional.

Personally I am not willing to risk it but someday someone with enough funds may decide they have nothing to lose because they are facing a 10 year sentence due to NFA violation.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-29-09 06:07 AM
Response to Reply #16
23. The problem of jurisprudence lagging behind technology
Of course, when Miller was decided, the standard individual military weapons were the M1903 Springfield rifle and the M1911A1 pistol, with a sprinkling of M1928 Thompsons (mostly in the Navy and Marine Corps), early production M1 Garands and Winchester 1897 and 1912 shotguns (with 20" barrels). At the time, the weapons restricted by the NFA were indeed not in common military use.

That still goes for the late Mr. Miller's sawed-off Stevens side-by-side, but by now, of course, the standard-issue rifle of the US Army is the M4, for purposes of the NFA a short-barreled (14.5") rifle and a machinegun, and short-barreled shotguns are commonplace as breaching weapons (Remington 870MCS and XM-26). Heck, you get an M4 in "Master Key" configuration (with 870MCS underslung), and you've got yourself a Class III trifecta!

The judiciary, it seems, just can't make up its mind about what the Second Amendment really means and then stick to it.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-29-09 01:57 AM
Response to Reply #12
22. I prefer to call it the "Reagan gun ban"
Never fails to piss off the Ronnie worshipers, especially the Clinton-obsessed ones. :evilgrin:
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 10:03 AM
Response to Reply #9
15. You should be able to buy an M4 and an M203, BUT...
...Only if you really want to.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 10:02 AM
Response to Reply #3
14. And the militia is...
...Pretty much everyone.
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Tim01 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-27-09 10:51 PM
Response to Original message
5. They tell us we are lucky they haven't taken more of our rights. That is their compromise.
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Pullo Donating Member (367 posts) Send PM | Profile | Ignore Wed May-27-09 11:54 PM
Response to Reply #5
7. Yep.....
"We'll only take away fewer of your rights than we'd ideally like you to have...."


that's what gun-control advocates profess.




.....Can I get a middle finger?!?!?!
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michreject Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 08:40 AM
Response to Original message
11. You have every right to yell "fire"
You just have to face the consequences of your actions.
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 07:22 PM
Response to Original message
18. Hard to meet in the middle when they're already standing on my toes. n/t
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livetoride Donating Member (31 posts) Send PM | Profile | Ignore Thu May-28-09 09:41 PM
Response to Reply #18
20. Well said..
-(X_Digger)-
"Hard to meet in the middle when they're already standing on my toes. n/t"

Great statement and so true.. The Anti's do not want a compromise.. they want a total disarmament of the people. They want to redefine and "fix" the constitution so it fits their vision. It's odd how their vision of freedom steps all over my vision of it, and thats ok with them.. As far as I can tell anyone who feels they have the right to compromise others liberties should never be allowed the chance..


-Peter
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virginia mountainman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-29-09 01:14 AM
Response to Reply #18
21. I am starting to enjoy....
when ever a anti-civil rights nut, talks compromise, to start asking THEM what they are willing to give up...

LOL!!! Causes great consternation sometimes!!!

Especially when I start demanding that the 86 machine gun ban be tossed, and nation wide CCW....
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Deadric Damodred Donating Member (365 posts) Send PM | Profile | Ignore Fri May-29-09 06:27 AM
Response to Reply #21
24. Virginia Mountainman, sorry I didn't include...
Edited on Fri May-29-09 06:29 AM by Deadric Damodred
...national conceal & carry.....but you are right, that should be included....total registration is giving up to complete and toatl honesty.....so we should adf that. This is war.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-29-09 07:05 AM
Response to Original message
25. I don't like the idea of universal registration
It would be infeasible anyway; there are millions of guns in circulation that are currently unregistered.

What I could get behind is a licensing requirement for gun owners. It could work pretty much like a driver's license, with a theory exam (gun safety, lawful use of lethal force), and a practical component (safe handling, clearing and disassembly, maybe with "shoot/no shoot" scenarios). But such a license would have to be "shall issue" if the applicant meets a set of objective criteria; state governments would have to be obliged to have testing facilities available during business hours (to avoid situations where anti-gun police chiefs get out of issuing permits by never holding the required test); and once issued, it would be given "full faith and credit" i.e. it would be valid everywhere in the United States, including for concealed carry, and would be valid for any non-NFA firearm.

In short, in exchange for universal gun owner licensing, we get to carry concealed handguns in SAn Francisco, NYC and Chicago. Said license would also permit holders to purchase a firearm outside their state of residence in face-to-face sales (though firearms shipped interstate via common carrier could still go through FFLs).

However, such a license would be subject to revocation for any of the missteps that CCW permits currently are (here in WA, for example, being legally "under the influence" in possession of a firearm outside your abode or fixed place of business is grounds for revocation of your CPL, even if no other charges are filed).

For NFA items, we could have a more stringent test (the equivalent of a commercial vehicle driver's license, if you will), but this too, would be "shall issue" and once issued would permit the holder to purchase as many Class III weapons as he wants. I'm okay with continuing to require registration for such items, but the Reagan Gun Ban of 1986 gets repealed.

Another thing that goes is the ATF's authority to refuse the importation of a firearm on the basis that it has "no sporting purpose."

How'm I doing so far?
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raimius Donating Member (201 posts) Send PM | Profile | Ignore Fri May-29-09 05:57 PM
Response to Reply #25
26. Interesting set
Those who favor restrictions get: Gun owner licensing and NFA tests, legal basis for revocation of permits
Those who favor fewer restrictions get: unlimited concealed carry rights, face-to-face out of state rights, lifting of the Hughes Amendment and end of the tax stamp for NFA items, deletion of the "sporting purpose" criteria for importation.

It has potential...(at least in an online debate)
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friendly_iconoclast Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 12:27 AM
Response to Reply #25
27. Those are excellent ideas, and I would add...
...ensuring that those carrying illegally or using a firearm in commission of a felony get five years add
time, instead of using these charges as a bargaining chip as too many DA's do.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 07:25 AM
Response to Reply #27
32. Good point!
Anyone remember the Capitol Hill massacre in Seattle, three years ago? Kyle Huff, the expletive who committed that one was from Whitefish, MT, where he'd been arrested in July 2000 for shooting up a sculpture of a moose using a Winchester 1300 Defender and a Ruger P944. He was charged with a felony (the property damage was over $1,000), but managed to plea-bargain it down to a misdemeanor (criminal mischief), which meant he wasn't rendered ineligible to own guns. He used the same guns to murder 6 people in Seattle.

So if I can add to your suggestion, let's throw in "no plea bargains on felonies involving firearms." Or at least, no plea bargains that would result in the convict not being stripped of the right to possess a firearm.
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one-eyed fat man Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-02-09 10:59 PM
Response to Reply #25
37. Reagan may have signed it
but Charlie Rangel engineered it.

Rep. William Hughes (D-N.J.) proposed the amendment late in debate and at night when most of the members of the House were gone. Rep. Charles Rangel (D-N.Y.), a long proponent of gun control, was presiding over the House at that time and a voice vote was taken. Despite the fact that the bill appeared to fail, Rep. Rangel declared the amendment approved and rebuffed all efforts to have record vote. It was incorporated into House Bill 4332. Once passing the House, H.R.4332 was incorporated in its entirety into S.49. The Senate passed the final S.49 on April 10, 1986 by voice vote and it was signed by the President on May 19, 1986.

I suppose it was in retaliation for killing one of New York's cash cows of the era. One of the things McClure-Volkmer put an end to was the New York Port Authority at Kennedy and LaGuardia (and MassPort at Boston-Logan) from checking airline manifests for passengers connecting through those airport with firearms in checked baggage. It was a great scam! If you remember the rules of the time, the FAA mandated those big day-glo orange stickers on gun cases that said, "UNLOADED FIREARMS" so the baggage monkeys looking for something to steal didn't have to search every bag. While you were waiting to change planes, you'd get paged, and when you reported to the white courtesy telephone a couple of burly Port Authority cops would be waiting for you.

Then they take you to the baggage area, show you your gun case and ask "What's in the case?" While you are pondering how this guy got past the civil service exam unable to read the sticker that plainly says, "Unloaded Firearms" they now tell you it is a felony to possess a firearm in New York without a valid registration (or a FOID for Massachussets if you were at Logan)

Then came the kicker: it can be reduced to a "civil penalty", a $1000 fine and we take Visa, MasterCard and American Express. Have a nice day.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 01:24 AM
Response to Original message
28. Here's the compromise that was made in the states-
You vote Democratic, and you get to live in a country that doesn't suck quite as bad. Maybe you get a few bones tossed your wa with health care reform and responsible economic policy.

In return, Democrats will let the states decide how to handle matters. There won't be any further restriction unless the level of gun violence rises to the level that even this coarse and jaded society can't handle it anymore, and clamors for new, more comprehensive federal restrictions.

That's about how it works- and it's probably not too wise to push the envelope because eventually there'll be a backlash, and you're likely to lose what you're already "gained."
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friendly_iconoclast Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 02:18 AM
Response to Reply #28
29. The level of gun violence has been going down
Edited on Sat May-30-09 02:27 AM by friendly_iconoclast
Thus eliminating the basis for your threats against legal gun ownership.

Oh, and if 99.5% of legal gun owners quietly go along with your unconstitutional wishes:

The hard core holdouts will make the Provisional IRA and Red Army factions look like
a couple of football hooligan firms.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 02:42 AM
Response to Reply #29
30. Oh, Please
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Merchant Marine Donating Member (650 posts) Send PM | Profile | Ignore Sat May-30-09 02:55 AM
Response to Reply #30
31. Obviously
You've never hung out with any survivalists... :p
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 07:41 PM
Response to Reply #28
33. I'm unimpressed by your powers of prediction
Edited on Sat May-30-09 07:47 PM by Euromutt
Frankly, depakid, I've seen you make a rather large number of predictions along the lines that the pro-RKBA crowd are overreaching this time, or the next time, well, really soon anyway. And every time, you give little evidence that you have the slightest clue what you're on about. You claimed the NRA was "overreaching this time" by suing the City of San Francisco (here: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=118&topic_id=223092&mesg_id=223119), on the basis that you thought the City ordinances were reasonable (and you thought the SCOTUS would think so too). Newsflash: whether or not the City's regulations are reasonable doesn't enter into it, because the City of San Francisco does not have the legal authority to make that decision. California, like 43 other states, has a preemption statute, which reserves the authority to regulate firearms to the state government and prohibits local authorities from making their own rules.

As for the notion that "eventually there'll be a backlash," what makes you think that what's going on now isn't the backlash? That is, the backlash against four decades of encroachment at the state and federal level on the right of citizens to acquire and possess the most effective means of protecting themselves and their loved ones. You know what? I'm an immigrant to the US from the Netherlands, and I used to be a proponent of gun control. The main thing that changed my mind was the SCOTUS' verdict in Castle Rock, CO v. Gonzales. Essentially, the Court ruled (7-2) that Jessica Gonzales could not sue the Castle Rock Police Department for failing to lift a finger to arrest her estranged husband after he'd abducted their three daughters, despite the fact that both Colorado state law and the court order she possessed legally obliged them to. While Castle Rock PD kept its collective thumb up its ass for several hours, her husband murdered the three girls.

Now, this is not intended as a slam on cops; I've known quite a few in my time, from a variety of countries, and most of them became cops out of a genuine desire "to serve and protect." But when the state declares that it has no responsibility to protect you, and that even if the state fails to make so much as a good faith effort to protect you (even when it has explicitly promised to do so) you have no avenue of redress, that state has thereby abdicated the authority to deny you the means to protect yourself. That's Political Science 101: authority is the legitimate exercise of power, and that legitimacy is achieved by accepting responsibility. Responsibility without power is impotence; power without responsibility is tyranny. Neither is desirable in a government.

Gun control--not just in the US, but everywhere--has consistently failed to do anything to reduce violent crime, or reduce the availability of firearms to the criminal element. Gun control is a cosmetic measure, it's what a government does to be seen to be doing something, rather than actually either addressing the cause of the problem, or admitting they can't. Remember Tony Blair's slogan, back in 1993, "tough on crime, tough on the causes of crime"? So much for that promise. Not that I'm one of those idiots who goes for the post hoc ergo propter hoc that the increasing restrictions on weapons caused the increase in violent crime in the UK, but they obviously did sod-all to stop it. Evidently, New Labour didn't have a clue what "the causes of crime" actually were, or if they did, they couldn't work out how to get tough on them. (Not that I think for a second that the Conservatives could have done--or could do--a better job; the reason Blair was in a position to issue that soundbite while still in opposition was because the Major government, like the Thatcher government before it, didn't have a clue how to deal with rising crime either.)

Gun control is what you do instead of something useful. Here in the US, the Gun Control Act of 1968 was passed to prevent a recurrence of the assassinations of the JFK, RFK and MLK and the disorder of the late 1960s, and yet the measures failed to prevent Reagan getting shot or prevent the violence of the "Crack wars" of the 1980s. In the Netherlands, 80 years of stringent gun laws failed to prevent the first political assassination in over 400 years (Pim Fortuyn), the shooting of Theo van Gogh, or the launching of several explosive projectiles at the court building where an underworld figure (Willem Holleeder) was about to go on trial. Gun control laws succeed mainly in disarming those individuals who overwhelmingly weren't going to be a problem. And every time gun controls measures fail to prevent the kind of occurrence they were supposed to prevent, every gun control advocate ever says "hm, since that didn't work, maybe we should try something else." No, they call for more of the same stuff that failed to work in the first place. A quote attributed to Albert Einstein is that insanity is doing the same thing over and over and expecting different results.

Sure, we get the seemingly incessant barrage in here of stories of kids getting hold of dad's unsecured gun and shooting a friend or relative, but in the grand scheme of things, they're a drop in a very large bucket. More American children under the age of 10 die each year from being backed over by reversing cars (about 105) than die from unintentional gunshot wounds (about 80). Sure, you can argue that every death is one too many, and on a visceral level (certainly as the father of a 3 year-old) I'll agree, but let's be honest, none of us really believes that. If we did, we'd stop using cars and bath tubs and electricity and drain cleaner; we accept the risks that come with these items because, to our mind, the advantages outweigh the small risk of harm that might result from their presence and/or use. And there's no shortage of items that people want and have and use that they don't actually need, including ones that are dangerous. Nobody needs a sports car (negligible room for passengers and cargo, and capable of speeds that aren't legal in most places), or a private swimming pool (you can use the municipal one, surely), or a bath tub (your kid can't drown in a shower cubicle, and remember Andrea Yates?). And yet we tolerate these potentially lethal goods because we, collectively as a society, don't think the deaths that might be prevented from banning them are worth the price of stomping all over people's freedoms.

Well, maybe gun owners want some of those freedoms back, too, seeing as how removing them didn't do any good.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-30-09 07:49 PM
Response to Reply #33
34. The deal with predictions is that you have to wait and see
However, understanding how the process and dynamics work is what makes a decent forecaster.

Honesty (about other nations) also helps- but that's probably too much to ask in this case, as it causes to much dissonance.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 04:12 PM
Response to Reply #34
35. Obviously
However, understanding how the process and dynamics work is what makes a decent forecaster.
What I'm saying is that you don't understand. You think San Francisco would have a decent shot at winning because you personally think the ordinances are reasonable, blissfully ignorant of the fact that--reasonable or not--the City of San Francisco is forbidden by California state law from imposing such rules.

Honesty (about other nations) also helps- but that's probably too much to ask in this case, as it causes to much dissonance.
Are you implying I'm being dishonest? If you do, have the guts to say it to my face. If not, I fail to see the relevance of this statement.
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 04:24 PM
Response to Reply #33
36. Very well said. N/T
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Deadric Damodred Donating Member (365 posts) Send PM | Profile | Ignore Tue Jun-02-09 11:42 PM
Response to Original message
38. Well it looks like no antis here are willing...
...to give us brand new machine guns for the national registration anti-gunners so desperately want. Well, that's to be expected. Compromise is about both parties giving up as well as taking, not one party giving up and one party taking. That's ok though, because the political situation, as it currently is, is we, the pro-gun side, are taking. I like that.
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